6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 1 of 47
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF OKLAHOMA
`
`UNITED STATES OF AMERICA,
`
`Plaintiff,
`
`v.
`
`JEFFREY LOWE,
`
`LAUREN LOWE,
`
`GREATER WYNNEWOOD EXOTIC ANIMAL
`PARK, LLC, and
`
`TIGER KING, LLC,
`
`Defendants.
`
`Case No.
`
`20-cv-423-JFH
`
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
`
`Plaintiff, United States of America, by authority of the Attorney General of the United
`
`States and through its undersigned attorneys, files this Complaint and alleges as follows:
`
`INTRODUCTION
`
`1.
`
`This is a civil action against Jeffrey Lowe, Lauren Lowe, Greater Wynnewood Exotic
`
`Animal Park, LLC (“GWEAP LLC”), and Tiger King, LLC (together “Defendants”) for
`
`violations of section 9 of the Endangered Species Act (“ESA”), 16 U.S.C. § 1538(a)(1), (g), and
`
`violations of the Animal Welfare Act (“AWA”), 7 U.S.C. §§ 2134, 2159.
`
`2.
`
`In January 2018, Jeffrey Lowe claimed to have “learned a lot about distracting,
`
`diverting attention, & using smoke and mirrors in the last few years.” Lowe has said, “If we lose
`
`a lawsuit, we simply change the name and open another animal business someplace else, we all
`
`have multiple USDA licenses available.” U.S. Department of Agriculture (“USDA”)-APHIS-
`
`Animal Care Animal Welfare Complaint No. AC18-426, at 197 (May 18, 2018).
`
`

`

`6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 2 of 47
`
`3.
`
`To avoid federal investigation and inspection, Defendants have unlawfully established
`
`an unlicensed exhibition facility on an approximately 33-acre parcel of land in Thackerville,
`
`Oklahoma. (See photo below). The Lowes have dubbed the facility “Tiger King Park.”
`
`4.
`
`Upon information and belief, the Lowes have granted film crews access to this facility.
`
`In public statements, including on the Internet, the Lowes have declared that the facility will
`
`operate for the foreseeable future as a film set for exhibiting Tiger King-related content. Upon
`
`information and belief, Tiger King programming has been and will be available to the public
`
`through the paid subscription service Netflix®. The Lowes are also exhibiting animals in “shout
`
`out” videos made available to members of the public for a fee on the video-sharing platform,
`
`Cameo. (See photos below).
`
`

`

`6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 3 of 47
`
`5.
`
`Lauren Lowe also exhibits animals, including lions and tigers, on the paid subscription
`
`online platform “OnlyFans” using the handle @tigerqueen_.
`
`6.
`
`The Lowes also have advertised to the public their intent to open the new “Tiger King
`
`Park” for public exhibition. The Lowes maintain a website at https://www.officialtigerking.com.
`
`A link labeled “Animal Park” takes viewers to a page showing a white tiger, and stating:
`
`

`

`6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 4 of 47
`
`7.
`
`Other webpages advertise Tiger King Park apparel and other merchandise for sale.
`
`These webpages similarly exhort the public to purchase the merchandise to “HELP BUILD THE
`
`NEW TIGER KING PARK” and “Support the New Tiger King Park opening 2021!”
`
`8.
`
`According to recent inspection records and other sources, the Lowes possess
`
`

`

`6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 5 of 47
`
`approximately 100 to 200 ESA-protected animals. Upon information and belief, those animals
`
`are now housed at the Thackerville facility. This facility is located in the midst of an otherwise
`
`residential, rural area. While there could be more than 200 wild or exotic animals living at the
`
`site, the government has no information about the facility’s provisions for water supply or waste
`
`disposal at the facility. Upon information and belief, there is no municipal water or sewer
`
`service at the facility.
`
`9.
`
`Even when subject to federal inspection and oversight, the Lowes compiled a record of
`
`inadequate and inhumane treatment of animals, including ESA-protected animals.
`
`10. Prior to August 21, 2020, Jeffrey Lowe individually held AWA license 73-C-0230.
`
`Jeffrey Lowe, together with Lauren Lowe and GWEAP LLC, exhibited numerous species of
`
`animals, including ESA-protected animals, at a roadside zoo in Wynnewood, Oklahoma:
`
`Greater Wynnewood Exotic Animal Park (“GWEAP” or “Wynnewood facility”).
`
`11. On August 14, 2020, USDA’s Animal and Plant Health Inspection Service (“APHIS”)
`
`suspended AWA license 73-C-0230. USDA then filed an administrative complaint seeking
`
`permanent revocation of that license on August 17, 2020.
`
`12. On August 21, 2020, Jeffrey Lowe voluntarily terminated AWA license 73-C-0230.
`
`But the Lowes continue to exhibit animals without a required AWA exhibitor license and thereby
`
`attempt to avoid government investigation or inspection.
`
`13.
`
`In violation of federal regulations for animal exhibitors, during the last two years, the
`
`Lowes and GWEAP LLC failed to employ an attending veterinarian and failed to provide timely
`
`and adequate veterinary care to the animals in their possession. The failure to have formal
`
`arrangements with an attending veterinarian, including a written program of veterinary care and
`
`regularly scheduled visits to the premises to ensure the health and well-being of the animals, has
`
`

`

`6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 6 of 47
`
`resulted in the animals receiving inadequate and/or untimely care.
`
`14. The Lowes’ animals have suffered from and continue to suffer from easily preventable
`
`or treatable conditions, which in some cases has caused the untimely death of animals. Indeed,
`
`in the last two years, many animals have not been seen and/or treated by a veterinarian at all.
`
`15. The Lowes and GWEAP LLC have then burned or otherwise disposed of the carcasses,
`
`including tigers, in makeshift pyres. (June 22, 2020 USDA Inspection Report, attached as Ex. 1
`
`at 31):
`
`16.
`
`In violation of federal regulations for animal exhibitors, the Lowes and GWEAP LLC
`
`have regularly provided food to their animals that is unwholesome, unpalatable, and/or
`
`contaminated and of insufficient quantity and nutritive value to maintain the animals’ good
`
`

`

`6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 7 of 47
`
`health. Several ESA-protected animals were and continue to be underweight or emaciated and/or
`
`suffering from nutritional deficiencies. In the past year, these included metabolic bone disease in
`
`certain animals, which causes the animals to be lame, makes them more susceptible to fractures,
`
`in some cases prevents them from standing or walking, and may result in neurological problems.
`
`17. The Lowes and GWEAP LLC also thereby allowed animals to become extremely thin.
`
`This included a grizzly bear “Gizzy,” observed with evident spinous process of vertebral bodies,
`
`hip bones, and scapula (See photo below and Ex. 1 at 19 & 32):
`
`18.
`
`In violation of the ESA, the Lowes and GWEAP LLC have routinely separated their
`
`Big Cat1 cubs and ring-tailed lemur pups from their mothers at too early an age for exhibition
`
`and interstate transport to other roadside zoos, resulting in physical and psychological harm.
`
`19.
`
`In violation of the ESA and AWA regulations, the Lowes and GWEAP LLC have
`
`routinely forced their Big Cat cubs and ring-tailed lemurs to have direct contact with members of
`
`the public and each other. This significantly disrupts and impairs them from carrying out their
`
`natural behaviors in a manner that is likely to result in significant physical and psychological
`
`injury.
`
`1 Big Cat refers to lions, tigers, and hybrids thereof.
`
`

`

`6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 8 of 47
`
`20.
`
`In violation of federal regulations for exhibitors, the Lowes and GWEAP LLC failed to
`
`maintain sanitary and safe conditions at the Wynnewood facility, resulting in, among other
`
`things, fly strikes. These are large patches of painful ulceration on the animals’ ears and legs
`
`caused by flies continuously attacking, biting, and penetrating the skin of an animal. (See photo
`
`below and Ex. 1 at 36 & 38):
`
`21.
`
`In violation of federal regulations for exhibitors, the Lowes and GWEAP LLC failed to
`
`maintain adequate enclosures. This thereby allowed for at least one senior tiger to be attacked by
`
`other tigers, resulting in his death three days later.
`
`22. These actions and practices “harm” and “harass” ESA-protected animals in violation of
`
`the ESA’s take prohibition. The Lowes and GWEAP LLC also violated the ESA by possessing,
`
`delivering, carrying, or transporting these taken animals.
`
`23. Neither Jeffrey Lowe nor the other Defendants currently have a valid USDA Class C
`
`exhibitor license. Nevertheless, Defendants continue to exhibit animals to members of the public
`
`without a USDA exhibitor license in violation of the AWA.
`
`24. Defendants’ actions placed and are continuing to place the health of numerous animals
`
`in serious danger. Defendants are in violation of AWA and its implementing regulations and
`
`standards.
`
`

`

`6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 9 of 47
`
`25. For the foregoing reasons, the United States complains and seeks a preliminary
`
`injunction, including an order permitting the United States immediate access to investigate and
`
`inspect the so-called “Tiger King Park” and determine the condition of many animals believed in
`
`peril thereon, as well as permanent injunctive relief.
`
`JURISDICTION AND VENUE
`
`26. The Court has jurisdiction over this action pursuant to 16 U.S.C. § 1540(c) (actions
`
`arising under the ESA); 7 U.S.C. § 2146(c) (actions arising under the AWA); 28 U.S.C. § 1331
`
`(federal question jurisdiction); and 28 U.S.C. § 1345 (United States as plaintiff).
`
`27. Venue is proper in the United States District Court for the Eastern District of Oklahoma
`
`pursuant to 7 U.S.C. § 2159, and 28 U.S.C. § 1391.
`
`28. The Court may grant the requested relief under the ESA, 16 U.S.C. § 1540(e); AWA, 7
`
`U.S.C. §§ 2146(c), 2159; and 28 U.S.C. §§ 2201, 2202 (declaratory and injunctive relief).
`
`THE PARTIES
`
`29. The Plaintiff is the United States of America. Authority to bring this action is vested in
`
`the Attorney General of the United States pursuant to 28 U.S.C. §§ 516, 519; 16 U.S.C. §
`
`1540(e)(6); and 7 U.S.C. § 2159.
`
`30. Upon information and belief, Defendant Jeffrey Lowe currently is a resident of Love
`
`County, Oklahoma. Until the end of September 2020, Mr. Lowe resided at 25803 N. CR 3250,
`
`Wynnewood, Oklahoma 73096, which was the location of the Wynnewood facility. Mr. Lowe
`
`was an owner and/or operator of the Wynnewood facility, overseeing day-to-day operations,
`
`managing animal care, acting as an animal caregiver, supervising employees and volunteers, and
`
`participating in USDA inspections. Mr. Lowe also purports to be the President of GWEAP LLC
`
`acting on its behalf. Mr. Lowe owns and exhibits the animals that are the subject to this action.
`
`

`

`6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 10 of 47
`
`31. After being ordered to vacate the Wynnewood property, see Big Cat Rescue Corp. v.
`
`Schreibvogel, No. CIV-16-155-SLP, 2020 WL 2842845 (W.D. Okla. June 1, 2020), Dkt. No.
`
`152, Mr. Lowe relocated the animals to 21469 Jimbo Road, Thackerville, Oklahoma, 73459,
`
`and/or 21619 Jimbo Road, Thackerville, OK 73459 (“Thackerville facility”).
`
`32. Defendant Lauren Lowe is the wife of Jeffrey Lowe and, upon information and belief,
`
`currently resides with him in Love County, Oklahoma. Lauren Lowe also formerly resided at
`
`25803 N. CR 3250, Wynnewood, Oklahoma 73096. Lauren Lowe, as co-owner and/or co-
`
`operator of the Wynnewood facility, was fully involved its operation, including decisions on
`
`husbandry, diets, and veterinary care, and participated in USDA inspections. She also handled
`
`the records, including inventory, acquisition, and disposition of the animals. Lauren Lowe
`
`purports to be the Vice President of GWEAP LLC. She is also a member of Tiger King, LLC.
`
`Lauren Lowe also owns and exhibits the animals that are the subject to this action.
`
`33. Defendant GWEAP LLC is an Oklahoma limited liability company located at 25803 N.
`
`CR 3250, Wynnewood, Oklahoma 73096. On information and belief, GWEAP LLC owns
`
`and/or exhibits the animals that are the subject of this action.
`
`34. Defendant Tiger King, LLC is an Oklahoma limited liability company with its principal
`
`place of business at 21469 Jimbo Road, Thackerville, Oklahoma, 73459. Tiger King, LLC was
`
`registered on May 15, 2020, and has the Trade Name “Tiger King Park.”
`
`35. The Thackerville facility is located in a rural, residential area. (See photo below). At
`
`the entrance of the facility, there is a big stop sign and a white rectangular sign which states the
`
`following: Private Driveway, No Trespassing, No Filming Permitted, 24-hour Armed Security,
`
`Violators will be Prosecuted, for contact information visit www.officialtigerking.com, Instagram
`
`symbol @tigerkingpark.” (See photo below).
`
`

`

`6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 11 of 47
`6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 11 of 47
`
`
`
`

`

`6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 12 of 47
`
`36. Upon information and belief, Defendants own, possess, and/or exhibit the animals that
`
`are included in the subject of this action.
`
`LEGAL BACKGROUND
`
`I.
`
`The Animal Welfare Act.
`
`37. The Animal Welfare Act was enacted to “insure that animals intended . . . for
`
`exhibition purposes . . . are provided humane care and treatment.” 7 U.S.C. § 2131. The AWA
`
`is administered by the Secretary of Agriculture or his representative. 7 U.S.C. § 2132(b). The
`
`AWA authorizes the Secretary to “promulgate such rules, regulations, and orders as he may
`
`deem necessary in order to effectuate the purposes of [the AWA].” 7 U.S.C. § 2151. The
`
`Secretary has delegated his authority to the Administrator of APHIS.
`
`38. The AWA defines an “exhibitor” as “any person (public or private) exhibiting any
`
`animals, which were purchased in commerce or the intended distribution of which affects
`
`commerce, or will affect commerce, to the public for compensation, as determined by the
`
`Secretary, and such term includes . . . zoos exhibiting such animals whether operated for profit or
`
`not.” 7 U.S.C. § 2132(h); 9 C.F.R. § 1.1. Exhibitors must obtain and maintain a valid “Class C”
`
`license from the USDA. 7 U.S.C. §§ 2133, 2134; 9 C.F.R. §§ 1.1, 2.1-2.12.
`
`39.
`
`“Zoo” is defined as “any park, building, cage, enclosure, or other structure or premise
`
`in which a live animal or animals are kept for public exhibition or viewing, regardless of
`
`compensation.” 9 C.F.R. § 1.1.
`
`40. The Secretary promulgated regulations and standards to govern the humane handling,
`
`care, treatment, and transportation by exhibitors, which includes the minimum requirements for
`
`handling, housing, feeding, watering, sanitation, ventilation, shelter from extreme weather and
`
`temperatures, and adequate veterinary care. 7 U.S.C. § 2143(a)(1)-(a)(2)(A). Exhibitors must
`
`

`

`6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 13 of 47
`
`comply in all respects with the regulations and standards for the humane handling, care,
`
`treatment, housing, and transportation of animals. 9 C.F.R. § 2.100(a).
`
`41. With regard to food, it must be wholesome, palatable, and free from contamination and
`
`of sufficient quantity and nutritive value to maintain all animals in good health. 9 C.F.R. §
`
`3.129(a). Further, supplies of food must be stored in facilities which adequately protect it against
`
`deterioration, molding, or contamination by vermin. 9 C.F.R. § 3.125(c). Refrigeration shall be
`
`provided for supplies of perishable food. Id.
`
`42. With regard to sanitation, the standards mandate that “[a] safe and effective program
`
`for the control of insects, ectoparasites, and avian and mammalian pests shall be established and
`
`maintained.” 9 C.F.R. § 3.131(d).
`
`43. With regard to facilities, indoor and outdoor housing facilities must be structurally
`
`sound and maintained in good repair to protect animals from injury and to contain the animals. 9
`
`C.F.R. § 3.125(a). Further, any surfaces that come in contact with nonhuman primates must be
`
`free of rust and jagged edges or sharp points that might injure the animals. 9 C.F.R. §
`
`3.75(c)(1)(i)-(ii).
`
`44. With regard to nonhuman primates, such as ring-tailed lemurs, exhibitors must develop,
`
`document, and follow a plan for environment enhancement adequate to promote the
`
`psychological well-being of nonhuman primates, and include specific provisions to address the
`
`social needs of nonhuman primates of species known to exist in social groups in nature. 9 C.F.R.
`
`§ 3.81(a).
`
`45. With regard to veterinary care, each exhibitor shall have an “attending veterinarian”
`
`and assure that the attending veterinarian “has appropriate authority to ensure the provision of
`
`adequate veterinary care and to oversee the adequacy of other aspects of animal care and use.” 9
`
`

`

`6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 14 of 47
`
`C.F.R. § 2.40(a)-(a)(2). The exhibitor “shall employ an attending veterinarian under formal
`
`arrangements.” 9 C.F.R. § 2.40(a)(1). The formal arrangements must include “a written
`
`program of veterinary care and regularly scheduled visits to the premises of the . . . exhibitor.”
`
`Id. Each exhibitor must establish and maintain programs of adequate veterinary care that
`
`include, but are not limited to, “[t]he use of appropriate methods to prevent, control, diagnose,
`
`and treat diseases and injuries, and the availability of emergency, weekend, and holiday care,” id.
`
`§ 2.40(b)(2), and daily observation of all animals to assess their health and well-being, id. §
`
`2.40(b)(3). While the daily observation can be accomplished by someone other than the
`
`attending veterinarian, there must be a mechanism of direct and frequent communication so that
`
`timely and accurate information of problems of animal health, behavior, and well-being is
`
`conveyed to the attending veterinarian. Id.
`
`46. The AWA, through its implementing regulations and standards, sets parameters and
`
`restrictions on the public exhibition of animals. “Animals shall be exhibited only for periods of
`
`time and under conditions consistent with their good health and well-being.” 9 C.F.R. §
`
`2.131(d)(1). During public exhibition, an animal must be handled so there is minimal risk of
`
`harm to the animal and to the public, “with sufficient distance and/or barriers between the animal
`
`and the general viewing public.” Id. § 2.131(c)(1). In particular, “[y]oung or immature animals
`
`shall not be exposed to rough or excessive public handling or exhibited for periods of time which
`
`would be detrimental to their health or well-being.” Id. § 2.131(c)(3).
`
`47. The AWA requires the Secretary to make investigations and inspections as necessary to
`
`determine whether any exhibitor has violated any provision of the AWA or any regulation or
`
`standard issued thereunder. 7 U.S.C. § 2146(a). The inspector shall have access to the places of
`
`business and the facilities, animals, and records. Id.; 9 C.F.R. § 2.126.
`
`

`

`6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 15 of 47
`
`48. Exhibitors must make, keep, and retain records for at least one year pertaining to the
`
`purchase, sale, transportation, identification, and previous ownership of the animal, which fully
`
`and correctly discloses information concerning the animal purchased or otherwise acquired,
`
`owned, held, leased, or otherwise in his or her possession or under his or her control, or which is
`
`transported, sold, euthanized, or otherwise disposed of by that exhibitor (including records of any
`
`offspring). 7 U.S.C. § 2140; 9 C.F.R. §§ 2.8, 2.75(b)(1)-(3).
`
`49. Under the AWA, United States district courts “are vested with jurisdiction specifically
`
`to enforce, and to prevent and restrain violations of [the AWA], and shall have jurisdiction in all
`
`other kinds of cases arising under [the AWA],” except in one instance not applicable here. 7
`
`U.S.C. § 2146(c). Whenever the Secretary has reason to believe that any exhibitor is placing the
`
`health of any animal in serious danger in violation of the AWA or regulations or standards issued
`
`thereunder, the Secretary shall notify the Attorney General, who may seek an injunction in the
`
`United States district court. 7 U.S.C. § 2159(a).
`
`II.
`
`Endangered Species Act.
`
`50. The AWA and ESA are distinct but complementary statutes, each with its own scope,
`
`purpose, and enforcement mechanisms. The AWA provides for a standard of care and treatment
`
`of all animals exhibited in captivity; whereas the ESA provides for additional, heightened
`
`protections that apply to specific protected animals, including Big Cats, ring-tailed lemurs,
`
`jaguars, and grizzly bears.
`
`51. Congress enacted the ESA “to provide a means whereby the ecosystems upon which
`
`endangered species and threatened species depend may be conserved, [and] to provide a program
`
`for the conservation of such [species].” 16 U.S.C. § 1531(b).
`
`52. The ESA defines the term “person” to include “an individual, corporation, partnership,
`
`

`

`6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 16 of 47
`
`trust, association, or any other private entity.” 16 U.S.C. § 1532(13). The ESA defines the term
`
`“species” to include fish or wildlife that interbreed when mature and the term “fish and wildlife”
`
`as any member of the animal kingdom, including mammals, and any “offspring thereof.” 16
`
`U.S.C. §§ 1532(16), 1532(8). The ESA defines an “endangered species” as “any species which is
`
`in danger of extinction,” 16 U.S.C. § 1532(6), and a “threatened species” as “any species which
`
`is likely to become an endangered species within the foreseeable future,” id. § 1532(20). The
`
`ESA authorizes the Secretary of the Interior to administer the ESA with respect to terrestrial
`
`species. This authority has been delegated to the U.S. Fish and Wildlife Service. 16 U.S.C. §
`
`1532(15); 50 C.F.R. § 402.01(b).
`
`53. Except as authorized by permit, the ESA makes it unlawful for any person to “take”
`
`any endangered species within the United States. 16 U.S.C. § 1538(a)(1)(B); 50 C.F.R. §
`
`17.21(a), (c)(1). Likewise, except as authorized by permit, the ESA prohibits any person from
`
`taking of any threatened species within the United States listed prior to September 26, 2019,
`
`unless the U.S. Fish and Wildlife Service has issued a species-specific 4(d) rule. 16 U.S.C. §
`
`1538(a)(1)(G); 50 C.F.R. § 17.31(a), (c). The ESA also makes it unlawful for any person subject
`
`to the jurisdiction of the United States to attempt to commit taking, to solicit another to commit
`
`taking, or to cause taking to be committed with such endangered or threatened species. 16
`
`U.S.C. § 1538(g); 50 C.F.R. §§ 17.21(a), 17.31(a), (c).
`
`54. The ESA defines the term “take” to include “harass, harm, pursue, hunt, shoot, wound,
`
`kill, trap, capture, or collect, or to attempt to engage in any such conduct.” 16 U.S.C. § 1532(19)
`
`(emphasis added).
`
`55. The term “harass” is defined by regulation to include an “intentional or negligent act or
`
`omission which creates a likelihood of injury to wildlife by annoying it to such an extent as to
`
`

`

`6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 17 of 47
`
`significantly disrupt normal behavioral patterns which include, but are not limited to, breeding,
`
`feeding, or sheltering.” 50 C.F.R. § 17.3. This definition, when applied to captive wildlife, does
`
`not include generally accepted: (1) Animal husbandry practices that meet or exceed the
`
`minimum standards for facilities and care under the Animal Welfare Act; (2) Breeding
`
`procedures; or (3) Provisions of veterinary care for confining, tranquilizing, or anesthetizing,
`
`when such practices, procedures, or provisions are not likely to result in injury to the wildlife.
`
`Id. The term “harm” is defined by regulation as an act which “kills or injures” an endangered or
`
`threatened wildlife. Id.
`
`56. Under the ESA, it is also illegal to possess, deliver, carry, or transport any unlawfully
`
`taken endangered species, or any unlawfully taken threatened species listed on or prior to
`
`September 26, 2019, unless otherwise provided by a species-specific 4(d) rule. 16 U.S.C. §
`
`1538(a)(1)(D), (G); 50 C.F.R. §§ 17.21(d), 17.31(a). It likewise prohibits any person subject to
`
`the jurisdiction of the United States to attempt to commit, to solicit another to commit, or to
`
`cause to be committed these prohibited acts with such endangered or threatened species. 16
`
`U.S.C. § 1538(g); 50 C.F.R. §§ 17.21(a), 17.31(a); (c).
`
`57. The ESA authorizes the Secretary of the Interior to issue a permit for any act that is
`
`otherwise prohibited by 16 U.S.C. § 1538, but, as relevant here, only if such act is “for scientific
`
`purposes or to enhance the propagation or survival of the affected species” and other strict
`
`requirements are met. 16 U.S.C. § 1539(a)(1)(A), (c), (d).
`
`58. All fish or wildlife taken, possessed, sold, purchased, offered for sale or purchase,
`
`transported, delivered, received, carried, shipped, exported, or imported contrary to the
`
`provisions of the ESA, any regulation made pursuant thereto, or any permit or certificate issued
`
`hereunder shall be subject to forfeiture to the United States. 16 U.S.C. § 1540(e)(4)(A).
`
`

`

`6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 18 of 47
`
`Moreover, the Attorney General of the United States may seek to enjoin any person who is
`
`alleged to be in violation of any provision of this chapter or regulation issued under authority
`
`thereof. Id. § 1540(e)(6).
`
`59. Grizzly bears, Ursus arctos horribilis, are listed as “threatened” in the lower-48 states.
`
`50 C.F.R. §§ 17.11(h), 17.40(b);2 40 Fed. Reg. 31,734 (July 28, 1975). Ring-tailed lemurs,
`
`Lemuridae catta, are listed as “endangered.” 50 C.F.R. § 17.11(h); 35 Fed. Reg. 8,491 (June 2,
`
`1970). Tigers, Panthera tigris, are listed as “endangered” under the ESA. 50 C.F.R. § 17.11(h);
`
`37 Fed. Reg. 6,576 (Mar. 30, 1972). Lions are listed as either “endangered” or “threatened”
`
`depending upon their subspecies—the subspecies Panthera leo leo is listed as “endangered” and
`
`the subspecies Panthera leo melanochaita is listed as “threatened.” 50 C.F.R. §§ 17.11(h),
`
`17.40(r); 80 Fed. Reg. 80,000 (Dec. 23, 2015). Through the species-specific 4(d) rule for
`
`Panthera leo melanochaita, all of the activities that are prohibited with endangered species are
`
`also prohibited with the threatened Panthera leo melanochaita. 50 C.F.R. §§ 17.31(a), (c);
`
`17.40(r); 80 Fed. Reg. 80,000 (Dec. 23, 2015). Jaguars, Panthera onca, are listed as
`
`“endangered” under the ESA. 50 C.F.R. § 17.11(h); 37 Fed. Reg. 6,476 (Mar. 30, 1972); 62 Fed.
`
`Reg. 39,147 (July 22, 1997).
`
`FACTUAL BACKGROUND
`
`60.
`
`Jeffrey and Lauren Lowe operated the Wynnewood facility, exhibiting wild and exotic
`
`animals in Wynnewood, Oklahoma under AWA license 73-C-0230 until the APHIS
`
`Administrator suspended the license on August 14, 2020. Jeffrey Lowe voluntarily terminated
`
`2 Under the species-specific 4(d) rule for grizzly bears, take is permitted in self-defense if
`reported within 5 days, by Federal, State, or Tribal authorities to remove nuisance bears or for
`scientific or research purposes under certain circumstances, and in National Parks if in
`compliance with regulations of the National Park Service. 50 C.F.R. § 17.40(b)(1)(i)(A)-(F).
`None of these exceptions applies here.
`
`

`

`6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 19 of 47
`
`the license one week later. At the Wynnewood facility, the Lowes and GWEAP LLC exhibited
`
`numerous animals, including ESA-protected Big Cats, a grizzly bear, and ring-tailed lemurs to
`
`the public for compensation. Members of the public paid a fee to directly interact with Big Cat
`
`cubs and ring-tailed lemurs and to view the other animals at the zoo.
`
`61.
`
`In 2017, the Lowes represented to APHIS that they held 29 animals (1 nonhuman
`
`primate and 28 wild or exotic mammals); in 2018, they represented to APHIS that they held 162
`
`animals (7 nonhuman primates and 155 wild or exotic mammals); in 2019, they represented to
`
`APHIS that they held 202 animals (10 nonhuman primates and 192 wild or exotic mammals); in
`
`2020, they represented to APHIS that they held 212 animals (7 nonhuman primates and 205 wild
`
`or exotic mammals). Upon information and belief, the Lowes have approximately 100 to 200
`
`ESA-protected animals in their possession.
`
`62. However, the Lowes routinely violated 9 C.F.R. § 2.75(b) by failing to make, keep, and
`
`maintain records or forms that fully and correctly disclose their acquisition and disposition of
`
`animals.
`
`63. Such instances include, on or about October 23, 2017, the Lowes failed to make, keep,
`
`and maintain records or forms that fully and correctly disclose the disposition of one tiger.
`
`64. On or about March 7, 2018, the Lowes failed to make, keep, and maintain records or
`
`forms that fully and correctly disclose the disposition of one tiger and one ring-tailed lemur.
`
`65. On or about August 30, 2018, the Lowes failed to make, keep, and maintain records or
`
`forms that fully and correctly disclose the acquisition of four animals that were observed by an
`
`APHIS inspector, including two tigers (Forrest and Enzo), one cougar, and one Canada lynx.
`
`66. On or about February 20, 2019, the Lowes failed to make, keep, and maintain records
`
`or forms that fully and correctly disclose the disposition of a lion-tiger hybrid, a ring-tailed lemur
`
`

`

`6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 20 of 47
`
`and a tiger.
`
`67. On or about July 8, 2020, the Lowes failed to make, keep, and maintain records or
`
`forms that fully and correctly disclose the disposition of twenty-five animals, including one
`
`capybara, two baboons, one prehensile tailed porcupine, one red ruffed lemur, one kinkajou,
`
`eight prairie dogs, three bats, one Fisher Cat, one sloth, one wolf (Sky), four tigers (Rheque,
`
`Amarouk, Tess, and Jughead), and one lion-tiger hybrid (Lizzy).
`
`68.
`
`In addition, the Lowes failed to make, keep, and maintain records or forms that fully
`
`and correctly disclose the acquisition of nine animals, including two armadillos, two caracals,
`
`one ocelot, three tigers (Medusa, Filet and Mudcat), and one lion-tiger hybrid (Mani).
`
`69.
`
`In addition to the Wynnewood and the Thackerville facilities, the Lowes also have
`
`exhibited animals at off-site locations throughout the United States. For example, Jeffrey Lowe
`
`transported animals for exhibition at locations in and around Las Vegas, Nevada on a number of
`
`occasions.
`
`70. On July 13, 2017, Jeffrey Lowe was cited for exhibiting, without required city and
`
`county permits, a 4-week-old tiger at a McDonalds in Pahrump, Nevada.
`
`71. On November 16, 2017, the City of Las Vegas, Nevada cited Jeffrey Lowe for not
`
`having a permit for wild animals, conducting business without a license, and for maintaining a
`
`public nuisance. Jeffrey Lowe pleaded nolo contendere to conducting business without a license.
`
`The Las Vegas Municipal Court found him guilty on April 5, 2018, issued a suspended jail
`
`sentence, a Stay Out of Trouble order, and ordered him to pay $2,500 in restitution.
`
`72. Three additional counts for not having a permit for wild animals are pending. Las
`
`Vegas Municipal Court, Case No. C1185093A—Jeffery (sic) Lee Lowe (Nov. 16, 2017).
`
`73. Further, Jeffrey Lowe surrendered ownership of a tiger cub, lion-tiger hybrid cub, and a
`
`

`

`6:20-cv-00423-JFH Document 2 Filed in ED/OK on 11/19/20 Page 21 of 47
`
`baby ring-tailed lemur that were confiscated from his facility by Las Vegas authorities in
`
`November 2017. Regarding the cubs, neither had received adequate veterinary care. Both cubs
`
`were underweight with sunken bellies and protruding hip bones and exhibited bloody, mucous
`
`diarrhea, and intestinal parasites.
`
`74. Upon information and belief, Jeffrey Lowe stuffed Big Cat cubs into a suitcase to
`
`transport them into casinos in Las Vegas, Nevada.
`
`75. Upon information and belief, while in Las Vegas, Nevada, Jeffrey Lowe gave a ring-
`
`tailed lemur under the age of 1 year a shot of Fireball whiskey.
`
`76. On June 22, 2020, APHIS inspectors conducted a routine inspection of the Wynnewood
`
`facility. Jeffrey Lowe was cited for failure to present a writt